PRUITT v. TAYLOR

No. 527.

100 S.E.2d 841 (1957)

247 N.C. 380

Thomas O. PRUITT and wife, Estelle K. Pruitt, v. Baxter H. TAYLOR, T/A Taylor Construction Company.

Supreme Court of North Carolina.

December 11, 1957.


Attorney(s) appearing for the Case

Pittman & Staton and Lowry M. Betts, Sanford, for plaintiff appellants.

Gavin, Jackson & Gavin, Sanford, and Ward & Bennett, Asheville, for defendant appellee.


RODMAN, Justice.

Our statute, G.S. § 1-226, provides: "The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in his complaint * * *"

A default judgment rendered contrary to this statutory provision for an amount in excess of the damages alleged and the sum prayed for in the complaint is irregular. Simms v. Sampson, 221 N.C. 379, 20 S.E.2d 554; Federal Land Bank v. Davis, 215 N.C. 100, 1 S.E.2d 350; Burrowes v. Burrowes...

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